Turman v. Pruitt

Plaintiff in error, hereinafter referred to as plaintiff, recovered a money judgment upon a jury verdict against defendant, for damages allegedly sustained as a result of an automobile accident. After defendant’s motion for a new trial was overruled and within the time allowed by law to perfect an appeal to this Court, the trial court granted defendant a new trial by reason of the impossibility of making case made under the ninth subdivision of Title 12 O.S.1961, § 651. Plaintiff perfected this appeal and challenges the correctness of the trial court’s order granting defendant', a new trial…